LAWS(ALL)-1974-8-14

SHITAL SINGH Vs. STATE

Decided On August 09, 1974
SHITAL SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) SHITAL Singh appellant has been convicted by the Sessions Judge of Basti by his order and judgment dated 27-10-1970 under Section 302, I. P. C. and sentenced to life imprisonment for committing the murder of Jha-kri Singh at about 6 a. m. on 31-7-1969 near village Bhitrighat One Bhawani Singh too was prosecuted along with the appellant for the same offence but he was acquitted by the trial Court.

(2.) THE first information report of this case was lodged by Ramnain (P. W. 1) on 31-7-1969 at P. S. Captan-ganj at 9. 5 a, m. He claimed to be an eye-witness of the occurrence along with Prahlad Singh (P. W. 2 ). The allegations in the first information report were that there was enmity between Jhakri Singh deceased and Shital Singh and others on account of litigation. Another case between Jhakri Singh and one Ganpat was pending on 31-7-1969 the date fixed in the case for compromise. Ramnain and Prahlad Singh along with Jhakri Singh were going to Court in connection with that case. As the figure '3' was considered to be inauspicious, Jhakri Singh left the house first and the other two followed him after two or four minutes. When Jhakri Singh was on the path leading to Bhitrighat with standing sugarcane crop, two witnesses heard his cries. They went there and saw that Shital Singh was assaulting him with a pharsa while Bhawani Singh was assaulting him with a spear. After the witnesses arrived there, both the accused persons went away with their respective weapons. Jhakri Singh died on the spot as a result of those injuries. A case was registered against the accused persons and the chik report (Ext. Ka-4) was drawn up on the basis of this report (Ext. Ka-1) which was written by Ramnain himself.

(3.) S. I. Juthan Singh (P. W. 12) took up the investigation of the case. He reached the spot at 10. 30 a. ra. He pre-pared the inquest report on the dead body and sent the same for post-mortem examination to the mortuary, along with other relevant papers. The investigating officer interrogated the two eye-witnesses. He took sample of blood from the spot. He inspected the site and prepared the site plan (Ext. Ka-74 ).